State v. Smith

In my view, this criminal case concerns the trial court’s discretion in the enforcement of a plea agreement. Pursuant to K.S.A. 1987 Supp. 22-3602(b)(l), the State appeals the trial court’s dismissal of an information charging defendant Richard Smith with delivery of cocaine (K.S.A. 65-4127a).

The sole issue for our review should be: Did the trial court abuse its discretion in ruling that prosecution was barred by the terms of a prior plea agreement?

Following his arraignment, Smith filed a motion to dismiss, alleging that prosecution was barred by the terms of the prior plea agreement. The…